HF 1399

as introduced - 87th Legislature (2011 - 2012) Posted on 04/06/2011 08:50am

A bill for an act
relating to public nuisances; specifying certain acts as a nuisance; amending
Minnesota Statutes 2010, section 617.81, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 617.81, subdivision 2, is amended to read:

Subd. 2.

Acts constituting a nuisance.

(a) For purposes of sections 617.80 to
617.87, a public nuisance exists (1) upon proof of one or more separate behavioral
incidents described in item (i), (v), (viii), or (ix), or (2) upon proof of two or more separate
behavioral incidents described in item (ii), (iii), (iv), (vi), (vii), deleted text begin or deleted text end (x), new text begin (xi), (xii), (xiii), or
(xiv) new text end committed within the previous 12 months within the building:

(i) prostitution or prostitution-related activity committed within the building;

(ii) gambling or gambling-related activity committed within the building;

(iii) maintaining a public nuisance in violation of section 609.74, clause (1) or (3);

(iv) permitting a public nuisance in violation of section 609.745;

(v) unlawful sale, possession, storage, delivery, giving, manufacture, cultivation, or
use of controlled substances committed within the building;

(vi) unlicensed sales of alcoholic beverages committed within the building in
violation of section 340A.401;

(vii) unlawful sales or gifts of alcoholic beverages by an unlicensed person
committed within the building in violation of section 340A.503, subdivision 2, clause (1);

(viii) unlawful sales or gifts of alcoholic beverages committed within the building
in violation of section 340A.401 or 340A.503, subdivision 2, clause (1), if multiple
violations occur during the same behavioral incident when the building is not occupied by
the owner or a tenant, lessee, or occupant;

(ix) unlawful use or possession of a dangerous weapon as defined in section 609.02,
subdivision 6, committed within the building; or

(x) violation by a commercial enterprise of local or state business licensing
regulations, ordinances, or statutes prohibiting the maintenance of a public nuisance as
defined in section 609.74 or the control of a public nuisance as defined in section 609.745

new text begin (xi) assault in violation of section 609.221, 609.222, 609.223, 609.2231, or 609.224;
new text end

new text begin (xii) damage to property in violation of section 609.595;
new text end

new text begin (xiii) obstructing legal process, arrest, or firefighting in violation of section 609.50; or
new text end

new text begin (xiv) disorderly conduct in violation of section 609.72 new text end .

(b) If the building contains more than one rental unit, two or more behavioral
incidents must consist of conduct:

(1) anywhere in the building by the same tenant, lessee, occupant, or persons acting
in conjunction with or under the control of the same tenant, lessee, or occupant;

(2) by any persons within the same rental unit while occupied by the same tenant,
lessee, or occupant, or within two or more rental units while occupied by the same tenant,
lessee, or occupant; or

(3) by the owner of the building or persons acting in conjunction with or under
the control of the owner.

(c) Proof of a nuisance exists if each of the elements of the conduct constituting the
nuisance is established by clear and convincing evidence.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2011, and applies to
behavioral incidents occurring on or after that date.
new text end